Tag: Copyright
-
The Other Digital Divide
Long and well-written articleby Drew Clark and Bara Vaida in the National Journal’s Tech Daily, about the history of the current Hollywood vs. Silicon Valley battle over copy protection. If you’re still coming up to speed on this issue, the article is a great scene-setter. Even if you know the issue well, you still might…
-
Preliminary Injunction Against Aimster
A Federal judge has issued a preliminary injunction against the Aimster file sharing service. The judge found it likely that Aimster will ultimately (after all the evidence is heard) be found liable for contributory and vicarious copyright infringement. Based on a quick reading, it looks like this is based on Aimster’s involvement in promoting the…
-
R.I.P. Napster
A judge has nixed Bertelsmann’s purchase of Napster. This looks like the end of the road for Napster. From now on Napster will be nothing but a cautionary example – though precisely what cautionary lesson it offers, and to whom, will be a subject of vigorous debate.
-
Misleading Term of the Week: "Content Owner"
Many discussions of copyright refer to “content owners.” The language of ownership is often misused in these contexts, for example by saying that Disney “owns” The Lion King, or by saying that I “own” the content on this site. The simple fact is that I don’t own the content on this site – at least…
-
What's Up At CNet?
Declan McCullagh interviews Verizon lawyer Sarah Deutsch, over at CNet news.com. (Welcome back, Declan.) Verizon is taking the side of their customers, against Hollywood. But check out the headline: “Why telecoms fly the pirate flag” (on the front page) and “Why telecoms back the pirate cause” (on the article itself). The pirate flag? The pirate…
-
Lessig on Software Copyright
Larry Lessig defends his view of the best copyright law for software. Lessig advocates that (1) software copyrights expire after ten years (but a new version of a program would acquire a new copyright), and (2) source code be put in escrow, to be released when the copyright expires. Whether you think the optimal term…
-
Lawyers, Tiggers and Bears, Oh My!
That’s the title of a hilarious article in L.A. Magazine about the ongoing legal battle over the rights to Winnie-the-Pooh. It’s full of telling details about the state of “intellectual property” law today, and about the mindset of the people involved. My favorite example is a statement by Disney’s lawyer: “The legacy of Winnie-the-Pooh and…
-
Fuzzy Language, Fuzzy Thinking
One of the things I’ve learned in working with lawyers is that the language you use to describe something can powerfully shape your listeners’ ideas about it. Unless you’re very careful, you can fool yourself in the same way. Many have remarked upon the rhetorical trick of using the word “piracy,” which denotes a type…
-
RIAA To Do The Right Thing?
Fortune reports on the RIAA’s stunning new anti-infringement strategy of suing actual infringers: “The RIAA is considering a far riskier strategy–suing individuals who share large numbers of files on Kazaa, Grokster, or Morpheus. It’s a tactic guaranteed to infuriate and alienate music fans, and it underscores the awful bind record labels are in.” Assuming the…
-
Vaidhyanathan: Copyright as Cudgel
Nice article on copyright abuses by Siva Vaidyanathan in the latest Chronicle of Higher Education. The Chronicle is read mostly by professors, so the article talks at length about the harm to scholarship caused by the recent copyright expansion. Vaidhyanthan identifies two common arguments used by those opposed to copyright expansion. The first, which he…